A former state legislator and employee for the city of Las Vegas recently filed a new wrongful termination suit against the city after a court dismissed the suit he filed in 2005.
The new suit regards the same matter as the suit filed in 2005. The man claims that while he was employed by the city as an administrative officer for the Department of Neighborhood Services, the city agreed to revise a work schedule, but that issues later developed concerning his use of a city cell phone and his timecard. The man apparently worked in the position from 2001 to December of 2003, when he was fired following allegations of misconduct.
The man claims that he had agreed to reimburse the city of Las Vegas for overpayment and for a portion of his city cell phone bill, and that he signed an agreement with the city that he would remain employed provided there were no further violations.
The man further claims that, while serving as an assemblyman, he was contacted by the City Manager's Office and individual council members who asked him to advocate for or oppose legislation impacting the city. At one point, he claims, one particular council member asked him to oppose legislation that would affect her husband's employment with the State Treasurer. The complaint alleges that when her husband lost his job, she turned against the man and allegations about his misconduct began flying around.
The city attorney's office, in 2006, denied the man's allegations and said that the man was an at-will employee, and so had no case.
The judge who recently dismissed the case agreed with the city that the five year statute of limitations applicable to such cases had expired in December.
According to the man's attorney, a city attorney verbally agreed in April of 2010 to waive the five year statute of limitations, but the city attorney's office said that nobody from the city had signed any such stipulation.
The suit was dismissed without prejudice, leaving the man the opportunity to file the suit again.
Source: Law Vegas Sun, "Ex-lawmaker files second suit against city alleging wrongful termination," Steve Green, 14 Feb 2011.